6 Social Security Agreement between Australia and Spain Australia s social security system Australia s social security system is different to most other developed countries. Each person s pension is paid by the Australian Government out of general funds, rather than through contributions paid by individuals and employers into a social insurance fund. For this reason, Australian pensions are income and asset tested. The (DHS) delivers Australian social security payments to individuals. You will have to tell us about all of your, and in some instances, your partner s 1 income and assets if you want to claim an Australian pension. How does the agreement help you? The agreement generally allows you to lodge a claim for payment from either country. It also allows you to add together your periods of residence in Australia and periods of social security coverage in Spain, so you can meet the minimum requirements for payment. Who can get an Australian payment? If you live in Australia, Spain or another specified agreement country 5, you can lodge a claim for the Australian Age Pension, Disability Support Pension, Carer Payment, Parenting Payment, Bereavement Allowance and Double Orphan Pension in any of those countries. To qualify under the agreement, you need to meet the following basic requirements*: Age Pension You may be able to get Age Pension if: you are over the qualifying age (refer to humanservices.gov.au for details), and the total period of time you have lived in Australia and/or your periods of coverage in Spain add up to more than 10 years. Disability Support Pension You may be able to get Disability Support Pension if: you have a disability, or you are permanently blind, and your disability/blindness occurred while you were living in Australia, or the total period of time you have lived in Australia and/or your periods of coverage in Spain add up to more than 10 years. INT PAGE 1 OF 5

7 Carer Payment You may be able to get Carer Payment if: you are providing full-time care for someone, and you have lived in Australia before. Parenting Payment You may be able to get Parenting Payment if: your partner is deceased, and you are caring for one or more children under eight years of age who have been to Australia before, and the total period of time you have lived in Australia and/or your periods of coverage in Spain add up to more than two years. Bereavement Allowance You may be able to get Bereavement Allowance if: your partner died while you were living together, and your partner died less than 14 weeks ago, and your partner died while you were living in Australia, or the total period of time you have lived in Australia and/or your periods of coverage in Spain add up to more than two years. Double Orphan Pension You may be able to get Double Orphan Pension if: you are caring for a young person, and the young person became an orphan while they were an Australian resident. Note: if you live outside Australia when you claim, you generally need at least 12 months Australian Working Life Residence 2, of which six months must be continuous. * There may be additional requirements you need to meet before you can be paid. Who can get a Spanish payment? Under the agreement, you can add periods of Australian Working Life Residence 2 to your periods of coverage in Spain to meet the minimum requirement for the Spanish Age Pension, Invalid Pension, Survivor s Pension, Death Benefit, Orphan Pension and Funeral Grant. The Spanish pension authorities make all decisions about Spanish payments. For more information about Spanish payments, you should contact the Spanish pension authorities 3. SOCIAL SECURITY AGREEMENT BETWEEN AUSTRALIA AND SPAIN PAGE 2 OF 5

8 How do I claim? If you are in Australia, to claim: an Australian payment under the agreement, visit humanservices.gov.au a Spanish payment, contact the department 4, or lodge your claim at your nearest DHS Service Centre. If you are in Spain, to claim: a Spanish payment, contact your local Spanish social insurance office an Australian payment: o contact your local Spanish social insurance office o the department, or o download the claim forms from humanservices.gov.au You can also lodge your claim at any local Spanish social insurance office. If you are in another specified agreement country 5, to claim: an Australian payment contact the department, or download the claim forms from humanservices.gov.au You can also lodge your claim at any local social insurance office in that third country. To get a claim for a Spanish payment, contact the Spanish pension authorities 3. You will need to lodge your claim for a Spanish payment directly with the Spanish pension authorities. Claims for payments should be lodged quickly, as back payments are not normally paid. Claims for Australian payments can be lodged up to 13 weeks early. For more information If you would like more detailed information you should contact us 4 for free help and advice. Disclaimer The information contained in this publication is intended only as a guide to payments and services available. The information in this factsheet is accurate as at May If you use this publication after that date, please check with us that the details are up to date. SOCIAL SECURITY AGREEMENT BETWEEN AUSTRALIA AND SPAIN PAGE 3 OF 5

9 Should I lodge a claim? We can t be sure if you will get a payment, until you lodge a claim and your circumstances are taken into account. It is your responsibility to decide whether you lodge a claim for payment or not. From what date are the payments available? Most government payments are paid from, or after the date on which the application is made. So the sooner you lodge your application, the quicker you may be paid. What do you need to do when dealing with a third party? You may deal with a third party who is not a member of our staff. If you do so, please remember that we have not authorised any third parties to provide information or advice to you about payments. Notes 1. Definition of a partner For our purposes, a person is considered to be your partner if you and the person are living together, or usually live together; are married, in a registered relationship (opposite or same-sex), or in a de facto relationship (opposite or same-sex). The department considers a person to be in a de facto relationship from the time they start living with another person as a member of a couple. 2. Australian residence The department recognises all couples, opposite-sex and same-sex. Australian residence means periods when you were residing in Australia as an Australian citizen or Australian permanent visa holder. Australian residence at any time is used to qualify for an Australian payment. Working Life Residence is period/s of Australian residence between the ages of 16 and Australian age pension age only. The Department of Immigration and Citizenship may tell us about your travel to and from Australia since We may use this information to make sure that you are entitled to an Australian payment. SOCIAL SECURITY AGREEMENT BETWEEN AUSTRALIA AND SPAIN PAGE 4 OF 5

10 3. Spanish social insurance contact details 4. Department of Human Services contact details Servicio de Convenios y Acuerdos Internacionales Instituto Nacional de Seguridad Social Padre Damian 4 y Madrid SPAIN Call Fax Website seg-social.es Call from within Australia. Call from Spain only. Note: this international Freecall TM number connects you directly to the. This Freecall TM may not be available from every location within Spain and may not be free from mobile phones or public phones. You may need to insert coins/card in payphones as for a local call and this may not be refunded at the end of the call. If you are not able to use the Freecall TM number listed above, please contact us on Note: call charges apply calls from mobile phones may be charged at a higher rate. Note: is not a secure communication medium. Fax Write to GPO Box 273, Hobart, Tasmania 7001, Australia. 5. Specified agreement country Visit humanservices.gov.au Visit humanservices.gov.au SOCIAL SECURITY AGREEMENT BETWEEN AUSTRALIA AND SPAIN PAGE 5 OF 5

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